Articles worth reading
Mayor Isko Moreno during Cine Kartilya / Manila PIO

Philharmonic Orchestra to stage free Manila concert

account_balanceManila access_time4 days ago

After the launching of the ‘Cine Kartilya’, a free public showing on Friday at the historic Bonifacio Shrine, Manila Mayor Isko Moreno bared the famed Philippine Philharmonic Orchestra also offered to play for Manila residents for free. ...

Pasig City Hall

Sotto promises big changes in Pasig

account_balancePasig access_time4 days ago

Residents of Pasig will feel major changes in the city starting 2020, according Mayor Vico Sotto said. In a Facebook post, Sotto shared that he had met with local officials Friday to plan the city’s supplemental budget for 2019 and the ap...

Taguig anti-dengue clearing operations / Taguig PIO

Taguig intensifies anti-dengue operations

account_balanceTaguig access_time4 days ago

The Taguig government continues to intensify its anti-dengue operations with the simultaneous cleanup drive on Friday. The massive cleanup, which was participated in by the community, Taguig City Hall employees and other stakeholders under the Depar...

Metro Manila News

vaping to be legal

Filipino vapers laud Quebec court’s decision rejecting anti-vaping law provisions

account_balanceMetro Manila chat_bubble_outline0 Comments visibility

LOCAL vaping groups welcomed the Superior Court of Quebec’s recent decision rejecting key sections of the Tobacco Control Act adopted by the Quebec government in 2015, which sought to treat vaping products essentially the same as cigarettes. 

In his decision handed down on May 3, 2019 Justice Daniel Dumais accepted that cigarette smoking is a significant cause of preventable illness and death and declared that the evidence presented convinced the court that electronic cigarettes have been shown to be effective, for some people, in their efforts to quit smoking. 

The court was also convinced, in accordance with evidence presented, that using electronic cigarettes is less harmful to health than ordinary cigarettes; that it is better to vape than to smoke tobacco; and that vaping is a valid method to quit smoking.

The decision recognizes vaping as a form of harm reduction as it allows people who would otherwise smoke lethal cigarettes to get the nicotine they need or want without the inhalation of smoke. 

As the harm from cigarette use is overwhelmingly due to the inhalation of smoke rather than the nicotine, the decision underscores important lessons for harm reduction. 

The Quebec Superior Court is the highest trial Court in the province of Quebec in Canada. 

It is composed of 157 justices, including a Chief Justice, a Senior Associate Chief Justice, and an Associate Chief Justice. 

This recent development prompted the Philippine E-Cigarette Industry Association (PECIA) led by its president, Joey Dulay to air their groups plea for 

the Philippine Health department to consider the "emerging evidence supporting tobacco harm reduction and to be mindful of consumer rights".

"Like Quebec’s anti-vaping law, the recent Department of Health administrative order considers e-cigarettes as essentially the same as cigarettes, Dulay said in a statement sent to Metro News Central. 

Dulay is referring to DOH A.O. No. 2019-0007 released on June 14, 2019 which, among others, bans any form of advertising, promotion and sponsorship of vaping products; bans vaping in places where smoking is prohibited; sets guidelines and requirements for designated vaping areas that are identical with those for designated smoking areas; and prohibits the purchase, sale and offering for sale of e-cigarettes in places where sale and use of cigarettes are prohibited.

Meanwhile, another vaping group, The Vapers Philippines through its president Peter Paul Dator said that the Quebec court decision "underscores the inviolable right of consumers to be provided with accurate and complete information on and access to all available products so that they are able to make informed choices". 

It is a strong affirmation of the validity of tobacco harm reduction and sets an important legal precedent that will have persuasive value in other countries, including the Philippines,”Dator explained in a statement released to media recently. 

 

Vaping ban is a human rights violation

Among other things, Quebec’s Tobacco Control Act prohibited the promotion of vaping products and banned trials of such products at retailers. 

The Quebec Superior Court declared that these prohibitions prevented cigarette smokers in Quebec from hearing about the health benefits of switching to vaping products, from learning about how to use vaping products and from finding a product that is maximally able to replace their cigarettes.

The court further stated that denying smokers the option of trying vaping products in shops or in clinics is a violation of their rights, depriving them of access to a mechanism designed to reduce their risks and better protect their health. 

The court found that the legislated restrictions ignored the fact that the public, particularly smokers, do not distinguish between smoking and vaping.

In effect, the court acknowledged that it is sometimes necessary to educate and make people aware that vaping exists above all for smokers. 

Thus, those measures that prevented the display and trialing of products in vape shops and the communication of information to cigarette smokers on the relative risks of such products were violations of fundamental rights.

 

Respect human rights, empower consumers

According to Dator, the Quebec court’s decision is part of a global trend of courts striking down measures that seek to limit access to risk reduction strategies. 

He cited a recent Swiss Federal Supreme Court decision that used reasoning similar to the Quebec court decision in striking down a ban on snus, a low risk non-combustible Swedish tobacco product. 

Dator also pointed out that vaping products remain available in the US market as a result of a 2010 ruling by Judge Richard Leon of the United States District Court for the District of Columbia in the Sottera Inc. v. U.S. Food and Drug Administration case.

Dator cited the position of Prof. David Sweanor of the University of Ottawa Centre for Health Law, Policy and Ethics. “Moralistic abstinence-only policies, including those for nicotine, have a long history of being ineffective, undermining human rights and being ultimately overturned by courts. 

Far better to focus on effective rather than dramatic interventions, to seek to empower rather than to punish those at risk and to promote policies that respect human dignity and promote individual human rights.

date_rangeDate Published
3 weeks ago
shareShare article
folder_openArticle tags
content_copyCategorized under

Share your thoughts with us

Related Articles

Hataw Sayaw 2019 / Muntinlupa PIO

Muntinlupa celebrates dance festival

account_balanceMuntinlupa chrome_reader_mode6 days ago

Bilang pagdiriwang ng Linggo ng Kabataan, idinaos ang Hataw Sayaw Kabataan na dinaluhan ng iba't-ibang talented dance groups sa lungsod. Isinagawa ang dance battle noong Agosto 15 sa Ayala Malls South Park, Alabang sa pamamagitan ng Youth Affair...

Pasig increases allocation fund for medicine

Pasig mayor eyes 3-fold hike in medicine budget

account_balancePasig chrome_reader_mode1 day ago

Pasig Mayor Vico Sotto proposed a three-fold increase in the city’s budget for medicines for 2020 to ensure wider access for patients. In a Facebook post, Sotto shared that he wants the budget for medicine to be raised to P253.5 million from t...

Grad Food Employee / Facebook Grab Food Page

Grab restores services in Navotas

account_balanceNavotas chrome_reader_mode2 days ago

Residents of Navotas City will now be able to book Grab rides and food delivery services again after the ride-hailing company restored its service in the city. Navotas City Mayor Tobias “Toby” Tiangco held a meeting with Grab officials o...

nutribun revived in marikina

Marikina revives Nutribun bread distribution

account_balanceMarikina chrome_reader_mode1 day ago

The local government of Marikina City has recently revived the distribution of Nutribun breads to the city’s public school children, as it targets to end malnutrition by 2020. “We want all children in the city to be healthy and happy by ...

DPWH

DPWH to conduct weekend road reblocking

account_balanceMetro Manila chrome_reader_mode6 days ago

The Department of Public Works and Highways (DPWH) will undertake reblocking and repairs starting 11 p.m. tonight (August 16) until August 19: SOUTHBOUND: 1. EDSA fronting Sojen and fronting Chevrolet (5th lane from sidewalk) 2. EDSA from Magallane...

NCRPO Ayala Foundation

NCRPO, Ayala Foundation recognize 2 hero cops

account_balanceMetro Manila chrome_reader_mode1 day ago

 The National Capital Region Police Office (NCRPO) and the Ayala Foundation feted two police officers on Tuesday for their exemplary deeds of heroism. Maj. Gen. Guillermo Eleazar, National Capital Region Police Office (NCRPO) chief, said Patrol...

Advertisement